Privacy Policy

Last Updated: August 15th, 2016

Thank you for visiting the Qualifunds™ website located at www.qualifunds.com (the “Site”). The Site is an Internet property of Qualifunds (“Qualifunds™,” “we,” “our” or “us”). This Qualifunds™ Website Privacy Policy (“Privacy Policy”) covers our treatment of personal information and other information that we collect when an end-user visitor to the Site (“user,” “you” or “your”): (a) accesses or uses the Site; (b) accesses and/or views any of the text, video and other information made available on the Site (the “Content”); (c) accesses links to Qualifund’s™ social media pages/accounts on third party social media websites, such as Facebook®, Google+®, LinkedIn® and Twitter® (collectively, “Social Media Pages”); (d) accesses the blog posts and/or associated comments sections on the Site (“Interactive Services”); and/or (e) utilizes the various contact forms on the Site (collectively, the “Contact Services”) in order to submit a request to be contacted by Qualifunds™ and/or Qualifund’s™ third-party merchant loan product and/or service providers (“Third Party Services Providers”) in order to receive quotes and other information associated with merchant loan-related products and/or services as offered by the Third Party Service Providers (collectively, the “Third Party Products”) and/or Qualifunds™ (“QF Products,” and together with the Site, Content, Social Media Pages, Interactive Services and Contact Services, the “Site Offerings”).

Capitalized terms not defined herein shall have the meanings set forth in the Qualifunds™ Website Terms and Conditions (“Terms and Conditions”). IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE OFFERINGS.

Please be advised that, in connection with the IA Product and/or Third Party Product review processes, Qualifunds™ and its Third Party Service Providersmay, among other things, verify your business’s EIN, verify your Social Security Number, perform a credit check and review your Registration Data against national databases that track business/consumer transactions with lending institutions. By submitting your Registration Form, you agree to allow Qualifunds™ and its Third Party Service Providersto review, verify and research your Registration Data in such a manner.

Your California Privacy Rights

If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third-parties, what categories of personal information that we have shared with third-parties in the preceding year, as well as the names and addresses of those third-parties, please e-mail us at: Iinfo@qualifunds.com; send mail to: Qualifunds, 247 W. 36th St., New York, NY 10018; or call us at: (888) 633-2083.

Personal Information that We Collect from You

We collect your personally identifiable information when you request Contact Services associated with the IA Products offered by us and/or the Third Party Products offered by our Third Party Service Providers, by and through the Site. We may also collect your personally identifiable information when you otherwise agree to the terms of this Privacy Policy, but do not complete the applicable registration process in full. The types of personally identifiable information that we collect at/on the Site and/or when you apply for Contact Services include, without limitation: (a) your full name; (b) the name of your business; (c) your work telephone number; (d) your email address; (e) the mailing address of your business; (f) the name of an executive to contact at your business; (g) the amount of financing that you are seeking; and/or (h) any other information requested on the Site Application. For purposes of this Privacy Policy, item (g) in the preceding sentence shall be considered “Sensitive Information.”

Upon entering your Site Registration Data and clicking on the applicable submission button on the Site, Qualifunds™ may contact you directly, via telephone or other means, in connection with your Contact Services request. Where Qualifunds™ contacts you directly about your interest in IA Products and/or Third Party Products, Qualifunds™ may request additional information, including: (i) information pertaining to the financial condition of your business; (ii) the EIN of your business; and/or (iii) your Social Security Number. For purposes of this Privacy Policy, items (i), (ii) and (iii) in the preceding sentence shall be considered “Sensitive Information.”

How We Use Personal Information

By submitting your personal information by and through the Site Offerings, you agree that we may share such personal information (including Sensitive Information) with our Third Party Service Providers in order to complete your request for Contact Services. Our Third Party Service Providers may use the personal information that we transfer to them for any lawful purposes, subject to any restrictions contained herein including, without limitation, in connection with contacting you for purposes of completing your application for Third Party Products. The information that you must supply on any Third Party Products application hosted by the Third Party Provider(s) shall be determined by the applicable Third Party Service Provider(s) and any information that you subsequently supply to any Third Party Service Provider(s) shall be governed by such Third Party Service Provider(s)’ privacy policy(ies). Please be advised that Qualifunds™ does not itself provide Third Party Products. The Third Party Products will be provided by Third Party Service Providers, and the ultimate terms and conditions of the Third Party Products will be determined by those Third Party Service Providers.

Please be advised that, in connection with the IA Product and/or Third Party Product review processes, Qualifunds™ and its Third Party Service Providersmay, among other things, verify your business’s EIN, verify your Social Security Number, perform a credit check and review your Registration Data against national databases that track business/consumer transactions with lending institutions. By submitting your Registration Form, you agree to allow Qualifunds™ and its Third Party Service Providersto review, verify and research your Registration Data in such a manner.

Other than as set forth above, Qualifunds™ will never share, sell, rent, exchange or barter your personal information to or with any third party for financial gain or marketing purposes. By making that personal information available to Qualifunds™, you grant Qualifunds™ the right, subject to applicable state and federal law, to use that personal information to contact you by telephone, email and to send you various marketing messages that contain promotional offers from Qualifunds™, as well as offers from Qualifunds’s™ third party partners, that Qualifunds™ believes may be of interest to you. If you wish to stop receiving future communications from us, please follow the instructions at the end of each such marketing message, or see the “Opting-Out” section below.

We may also employ third parties and individuals to perform certain functions on our behalf including helping us operate the Site Offerings and/or to administer related activities on our behalf. Examples include sending direct and electronic mail, removing duplicate information from user lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our users’ personal information (including Sensitive Information) as needed to perform their functions for us, but we do not permit them to use your personal information for other purposes.

We will also use your personal information (including Sensitive Information) for customer service, to provide you with information that you may request, to customize your experience on the Site and/or to contact you when necessary in connection with transactions entered into by you through the Site Offerings. We may also use your personal information (including Sensitive Information) for internal business purposes, such as analyzing and managing our business. We may also combine the information we have gathered about you with information from other sources.

By registering at the Site, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

Solely where and to the extent that your “prior express written consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), is required by Qualifunds™ and its Third Party Service Provider(s) in order to contact you via telephone, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) (collectively, “Covered Calls”) delivered via automated technology, you consent to receive Covered Calls from Qualifunds™ and the specified Third Party Service Provider(s) to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the Site Offerings, and your consent simply allows Qualifunds™ and any specified Third Party Service Provider(s) to contact you via Covered Calls. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (i) have your telephone number reassigned to another person or entity; (ii) give up your telephone number so that it is no longer used by you; (iii) port your telephone number to a landline or vice versa; or (iv) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify Qualifunds™ of the Phone Number Change via e-mail at: info@qualifunds.com, or byusing one of the methods set forth in the “Contact Us” section below.

We also reserve the right to release current or past user information in the event that we believe that the user is using, or has used, our products, services and/or Site: (A) in violation of the Terms and Conditions, this Privacy Policy or any other of our operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published by us from time to time; (B) to commit unlawful acts; (C) if such information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; (D) if we are sold, merge with a third party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if we are involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of our assets, you will be notified via e-mail and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information; and/or (E) when we deem it necessary or appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and Federal Trade Commission implementing regulations.

Social Media Websites/Interactive Services

If you engage in any interaction with Qualifunds™, other users or any third party on any Social Media Pages or via the Interactive Services, you should be aware that: (a) the personal information that you submit by and through such Social Media Pages and/or Interactive Services, as applicable, can be read, collected and/or used by other users of these websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where Qualifunds™ responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of Qualifund’s™ social media accounts.

We are not responsible for the personal information that you choose to submit on any Social Media Websites or via the Interactive Services. The Social Media Websites operate independently from Qualifunds™, and we are not responsible for such Social Media Websites’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Websites with which you interact to help you understand those Social Media Websites’ privacy practices. If you have questions about the security and privacy settings of any Social Media Websites that you use, please refer to their applicable privacy notices or policies.

Non-Personally Identifiable Information

How We Use Demographic Information and Aggregate Data

Aggregate and demographic data is data that describes the demographics, usage or characteristics of our participants as a group, without disclosing personally identifiable information. We use demographic information to tailor the Site Offerings to the interests of our users. We reserve the right to provide aggregate data about our users for lawful purposes. By agreeing to the terms of this Privacy Policy, you hereby consent to the disclosure of any aggregate data, record or communication to any third party when we, in our sole discretion, determine the disclosure to be appropriate.

Your IP Address

Each time that you visit the Site, our web server automatically recognizes your IP address and the web page from which you came. Your IP address is used to help identify you and to gather broad demographic information about you. We also use your IP address to help diagnose problems with our servers, to administer the Site and to better serve you in using the products, services and other features contained within the Site.

Cookies and Action Tags

Cookies: The first time that a user provides an e-mail address in connection with her/his activities at/on the Site, we assign an identification number to that e-mail address and deploy a cookie to the applicable user’s PC. Whenever that user comes back to the Site using the same PC, the cookie allows the Site to identify the user and to recall the user’s e-mail address. If, at any time, a user provides other information in connection with her/his activities on the Site (such as name, address, birth date, gender, etc.), we may store that information, along with the user’s e-mail address, in our user database. We may use the information stored in our database: (a) to effectuate the purpose or transaction for which the information was originally provided by a user; (b) to pre-populate information fields in the event that user wishes to purchase products and/or services or sign up for and/or subscribe to services, promotions or other offers in the future; (c) to ensure that a user will not be repeatedly exposed to the same advertisements, offers and/or promotions while visiting the Site; and/or (d) to, in connection with regular communication with a user, include offers, promotions or advertisements that were historically, or are likely to be, of interest to that user. To find out more about cookies, please visit www.cookiecentral.com. To disable and reject cookies, adjust the settings via the toolbar options menu of your Internet browser.

Action Tags, Web Beacons and other Data Collection Methods: An action tag or a web-beacon (also known as a clear gif or a pixel tag) is a method used to track responses or actions by visitors who view certain advertisements and/or other information on the Site. Action tags are 1×1 pixel images embedded in a website page that are used to transparently collect information. We may use action tags to count the number of times that visitors click on a particular banner ad or visit the pages of the Site and to provide information about what products/services are viewed or purchased. We reserve the right to retain this cookie and action tag data indefinitely.

Behavioral Tracking

Neither Qualifunds™, nor any third party, uses cookies, pixels or other tracking technology on the Site for purposes of tracking users’ activities after they leave the Site.

Other Websites

The Site Offerings may contain links to other third-party owned and/or operated websites including, but not limited to, Social Media Websites and the websites of our Third Party Service Providers. Qualifunds™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of their third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Qualifunds™ has no responsibility or liability relating to them.

Security

We endeavor to safeguard and protect our users’ personal information. When users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts Users to enter Sensitive Information, and when we store and transmit such Sensitive Information, that information is encrypted with advanced TLS (Transport Layer Security).

Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public. All of our users’ personal information is restricted in our offices, as well as the offices of our third party service providers. Only employees or third party agents who need user personal information to perform a specific job are granted access to user personal information. Our employees are dedicated to ensuring the security and privacy of all user personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store user personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.

Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, other Site Offerings or otherwise via the Internet or wireless network, is done at your own risk.

In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Minors

No information should be submitted to, or posted at, the Site by visitors under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). Persons eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age) are not permitted to access the Site Offerings and we do not knowingly collect personal information from such individuals. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Removal, Amending and/or Updating Your Information

At your request, we will: (a) inform you of what personal information we have on file for you; (b) amend the personal information that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have collected. You may do so by contacting us via e-mail at Info@qualifunds.com; provided, however, that we ask individuals to identify themselves and the information requested to be accessed, amended or removed before processing such requests and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Please be advised that deleting your personal information may terminate or limit your ability to apply for IA Products and/or Third Party Products via the Contact Services. If you wish to apply for IA Products and/or Third Party Products via the Contact Services without any hindrance or limitation, you may not delete the personal information that we have on file for you.

Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

Opting Out

To opt-out of receiving e-mail communications from us, you can follow the instructions at the end of the applicable e-mail message or e-mail us at: Info@qualifunds.com.
E-mail messages are prepared for delivery several days in advance, so users may continue to receive e-mail from us for up to ten (10) days following the unsubscribe procedures detailed above. In addition, after unsubscribing, we cannot guarantee that you will never receive another mailing from us, because we may obtain your e-mail address in the future through a different Qualifunds™ program that you have opted in to. If, after that point, a user is still receiving e-mail from us, the user should contact us at: Info@qualifunds.com.

Notwithstanding the foregoing, we may continue to contact you for purposes of communicating information relating to your request for Site Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Site Offerings-related and/or inquiry response-related messages from us, you must cease requesting Site Offerings, and cease submitting inquiries to us, as applicable.

Transfer of Personal Information Internationally

If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.

Modifications to this Privacy Policy

We reserve the right, in our discretion, to change, modify, add and/or remove portions of this Privacy Policy at any time. If the manner in which we use personally identifiable information changes, we will notify users by: (a) sending the modified policy to our users via e-mail; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner, and we will only use your information in this different manner where you opt-in to such use.

Contact Us

If you have any questions about this Privacy Policy, the practices of Qualifunds™ or your dealings with Qualifunds™, please e-mail us at: info@qualifunds.com; send mail to: Qualifunds, 247 W. 36th St., New York, NY 10018; or call us at: 866-700-5252.